| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 28A/10 |
| Determination date | 01 June 2010 |
| Member | G J Wood |
| Location | Wellington |
| Parties | Mana Coach Services Ltd v Toatoa and Anor |
| Other Parties | New Zealand Tramways and Public Passenger Transport Employees Union Inc |
| Summary | COSTS - Unsuccessful breach of contract claim - Half day investigation meeting - Respondents sought $6,000 contribution to costs - First respondent incurred costs of $1,200 - Second respondent incurred costs of $6,750 - Respondent claimed had successfully defended applicant’s claims and applicant did not come to matter with clean hands - Applicant claimed in all circumstances costs should lie where they fall - Authority found appropriate for costs to follow the event - Found first applicant a “bit piece” in case and applicant never had any prior evidence involved in alleged breaches of contract - Applicant to pay first respondent $1,000 contribution to costs - Found matters between applicant and second respondent industrial issues where equity and good conscience played important part - Applicant to pay second respondent $1,000 contribution to costs |
| Result | Costs in favour of first respondent ($1,000) ; Costs in favour of second respondent ($1,000) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | wa 28a_10.pdf [pdf 16 KB] |